U.S Department of Justice
Executive Office for United States Attorneys
United States
Attorneys_Bulletin __ Published by
Executive Office for United States Attorneys Washington D.C .I For the use of all US Department of Justice Attorneys VA William Tyson Director EXECUTIVE OFFICE FOR EditorinChief Susan Nellor FTS 6334024 STATES Editor Judith Campbell FTS 6736348 ATTORNEYS
TABLE OF CONTENTS
Page
COMMENDATIONS
CLEARINGHOUSE National Health Service Corps Scholarship Program...... 721 Misrepresentation Made In Forma Pauperis Applications Are Basis To Dismiss Freedom Of Information Act Appeal...... 722
POINTS TO REMEMBER Bluesheets and Transmittals United States Attorneys Manual. 722 Foreign Agents Registration Act Federal Jury Service Problem 723 JURIS Data Base List...... 723 Personnel..... 724 Pretrial Detention Reporting Requirements...... 724 TeletypesToAllunitedStatesAttorneys...... 725
CAS ENOTES OFFICEOFTHESOLICITORGENERAL...... 725 CIVIL DIVISION...... 726 LANDANDNATURALRESOtJRCESDIVISION...... 729 FEDERAL RULES...... 731 OFFICE OF LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS...... 732
APPENDIX 734
VOL 33 NO 23 THIRTYSECOND YEAR DECEMBER 1985
Please send change of address to Editor United States Attorneys Bulletin Room 1629 Main Justice Building 10th Pennsylvania Avenue N.W Washington D.C 20530 VOL 33 NO 23 DECEMBER 1985 PAGE 719
COMMENDATIONS
Assistant United States Attorney KAREN ATKINSON Southern District of Florida was commended by Mr Joseph Corless Special AgentinCharge Federal Bureau of Investigation for her successful preparation of the case and prosecution of Robert Alan Litchfield
Assistant United States Attorney EVE BERMINGHAM Southern District of California was commended by Mr William Webster Director Federal Bureau of Investigation for her remarkable ability as both prosecuting attorney and negotiator during the final stage of the investigation of fraud within the United States Navy supply system
Assistant United States Attorney WILLIAM BRANIFF Southern District of California was commended by Mr William Webster Director Federal Bureau of Investigation for his outstanding work during the investigative and prosecutive stages of the under cover operation Sandfish
Assistant United States Attorneys FRANK CLARK III and JOSEPH MISTRETT Western District of New York were commended by Mr Joseph Davis Assistant Director Legal Counsel Division Federal Bureau of Investigation for their impressive and invaluable participation as defense counsel in the New Agents Moot Court Training Program September 1617 1985 in Quantico Virginia
Assistant United States Attorney CHARLES CRANDALL Southern District of California was commended by Mr Richard Cameron Special AgentinCharge United States Secret Service Department of the Treasury for his suc essful prosecution of the Mario Zaporta counterfeiting case
Assistant United States Attorney ROBERT EATON District of Columbia was commended by Mr George Jett General Counsel Federal Emergency Management Agency FEMA for his fine efforts in representing the FEMA in Holley FEMA
Assistant United States Attorneys RAYMOND EDWARDS HERBERT HOFFMAN JOHN HOUSTON and STEPHEN PETERSON Southern District of California were commended and presented with Drug Enforcement Administration Certificates of Appreciation by Mr Diogenes Galanos Special Agent-inCharge San Diego Field Division Drug Enforcement Administration in recognition of their outstanding contributions to narcotics law enforcement VOL 33 NO 23 DECEMBER 1985 PAGE 720
Assistant United States Attorney CHARLES GORDER JR Southern District of California was commended by Mr William Webster Director Federal Bureau of Investigation for his remarkable work during the investigation and subsequent prosecu tion of individuals in the VICON case
Assistant United States Attorneys DOUGLAS HENDRICKS and JOHN KENNEDY Eastern District of California were commended by Mr Ronald Pepper District Attorney County of El Dorado for their cooperation and willingness to help local law enforcement efforts by lending their expertise and counsel to the District Attorneys Office County of El Dorado
Assistant United States Attorney HERBERT HOFFMAN Southern District of California was commended by Mr Richard Wuerth Chief Criminal Investigation Division Internal Revenue Service for his successful assistance on the Sonido trial
Assistant United States Attorney GREGORY HOLLOWS Eastern District of California was commended by Mr Richard Riseberg Assistant General Counsel for Public Health Department of Health and Human Services for his vigorous and unstinting efforts in the vindication of former Public Health Service commissioned officer from state and bar prosecutions Also Assistant United States Attorney HOLLOWS has been invited by the Office of Personnel Management to participate as an instructor in series of advanced seminars in EEO law to provide preventive training to federal agency officials on Title VII actions
Assistant United States Attorney CATHERINE KILLAM Northern District of Ohio was commended by Mr Joseph Griffin Special AgentinCharge Federal Bureau of Investigation for her successful and dedicated prosecution of complex insurance fraud case
Assistant United States Attorneys TOMMY MILLER and ROBERT SEIDEL JR Eastern District of Virginia were commended by Attorney General Edwin Meese III for their efforts in the successful prosecution of Arthur James Walker
Assistant United States Attorney STEPHEN PETIX Southern District of California was commended by Mr Renn Fowler Regional Counsel Region General Services Administration for his outstanding job in Felix United States
Assistant United States Attorney JOAN SAFFORD Northern District of Illinois was presented the Directors Award of the Bureau of Alcohol Tobacco and Firearms for her extensive contri butions in the areas of arson explosives and firearms VOL 33 NO 23 DECEMBER 1985 PAGE 721
Assistant United States Attorney ROBERT SELDON District of Columbia was commended by Mr John Mason Chief Counsel Federal Railroad Administration Department of Transportation for his outstanding work in defending and resolving the matter of Furphy Dole
Assistant United States Attorney KAREN SHICHNAN Southern District of California was commended by Mr Jeffrey Axelrad Director Torts Branch Civil Division Department of Justice for her highly professional and effective advocacy in Wolfe United States
Assistant United States Attorney HEIDI SOLOMON District of South Carolina was commended by Mr Gary W.Allen Director Torts Branch Civil Division Department of Justice for her outstanding assistance in Smith United States
Assistant United States Attorney NITA STORMES Southern District of California was commended by Mr Jeffrey Axeirad Director Torts Branch Civil Division Department of Justice for her excellent work in Cisneros Carrier Systems
Assistant United States Attorney ROBERT WASHKO Middle District of Tennessee was commended by Mr Benjamin Purser Jr Supervisory Special Agent Federal Bureau of Investigation for his dedicated efforts in the successful prosecution of Kenneth Crozier Ford
CLEARINGHOUSE
National Health Service Corps Scholarship Program
The Bureau of Health Care Delivery and Assistance Department of Health and Human Services filed suit against recipient of scholarship funds under the National Health Service Corps Scholar ship Program 42 U.S.C 2541 United States Swanson No 842985 E.D Mich Sept 30 1985 The Bureau claimed that the defendant breached his contract with the government by failing to begin his service obligation in the Public Health Service Corps However the defendant contended that the government through its agent misrepresented that he could obtain deferment from his service obligation to pursue surgical residency The government filed for summary judgment to recover triple damages plus interest for the alleged breach of contract by the defendant
On September 30 1985 Judae Ralph Freeman United States District Court for the Eastern District of Michigan issued memorandum opinion on the motion for summary judgment which affirms the requirement that scholarship recipient must fulfill his/her contractual obligations by serving where and how the VOL 33 NO 23 DECEMBER 1985 PAGE 722
Secretary finds his/her services are most needed The opinion also affirms the reasonableness and enforceability of the triple damages provision of the Public Health Services Act PHS 751 for breach of contract
Please contact Kate Conaboy Office of Management Information Systems and Support FTS 6736379 for copies of the opinion
Executive Office
Misrepresentations Made In Forma Pauperis Applications Are Basis to Dismiss Freedom Of Information Act Appeal
On September 16 1985 Judge Stanley Harris United States District Court for the District of Columbia granted the govern ments motion in Antonelli Drug Enforcement Administration et al Civil Action No 842483 D.C to dismiss with prejudice twentythree Freedom of Information Act lawsuits filed by Mr Michael Antonelli The dismissal was based upon finding that misrepresentations were made by the plaintiff in his applica tion to proceed in forma pauperis Mr Antonelli although claiming proverty had paid or promised to pay search and/or reproduction fees for processing of FOIA requests made to various federal agencies totalling more than three thousand dollars Additionally review of the Inmates Personal Funds Ledger indicated that during the time period in which most of the forma pauperis applications were filed plaintiff had deposited over $800 in his account The availability of these funds was clearly inconsistent with the representation made in the forma pauperis application
For copies of the United States motion to dismiss with supporting memorandum of points and authorities contact the Office of Legal Services at FTS 6334024 Please request item number CH23
Executive Office
POINTS TO REMEMBER
Bluesheets and Transmittals United States Attorneys Manual
Updated lists of United States Attorneys Manual Bluesheets and Transmittals are appended to this Bulletin
Executive Office VOL 33 NO 23 DECEMBER 1985 PAGE 723
Foreign Agents Registration Act Federal Jury Service Problem
Section 1116 of the recently enacted Comprehensive Crime Control Act of 1984 P b No 98473 amended 18 U.S.C 219 to clarify the class of persons for whom conflict of interest would arise should they act as an agent of foreign principal required to register with the Attorney General under the provisions of the Foreign Agents Registration Act of 1938 as amended 22 U.S.C 611 et seq The amended statute replaces the term an officer or employeeof the United States in the executive legislative or judicial branch of the or in any agency of the United States including the District of Columbiawith the term publiá official and adds paragraph defining the new term The class of persons i.e public officials for whom conflict of interest would arT under the amended statute includes inter alia juror
Although the primary purpose of the amendment is to define more adequately the class of individuals to whom the conflict of interest provisions of 18 U.S.C 219 are to apply an apparently unintentional effect of the definition of public official is to make it felony for person to serve as juror if he is an agent of foreign principal required to register
Although efforts have been undertaken to resolve this matter there does remain until such time as the relevant portion of 18 U.S.C 219 regarding jurors is changed statutory prohibition against any registrant or any person required to file short form registration statement pursuant to Rule 202 partners officers directors associates and employees other than clerical secre tarial and those acting in related or similar capacity who engage directly in activity in furtherance of the interests of the registrants foreign principal from performing jury service in federal court
The Administrative Office of the United States Courts is aware of the new statutory provision and has undertaken to advise all chief judges and clerks of the United States district courts of its bar to jury service Concomitantly the Internal Security Section has sent an advisory notice to all persons currently registered as agents of foreign principals under the provisions of the Foreign Agents Registration Act For further information please contact Attorney James Katz FTS 7246996 of the Internal Security Sections Registration Unit
Criminal Division
JURIS Data Base List
Appended to this issue of the Bulletin is the most recent revised JURIS Data Base List dated November 1985
Justice Management Division VOL 33 NO 23 DECEMBER 1985 PAGE 724
Personnel
Effective November 15 1985 Asa Hutchirison resigned as United States Attorney for the Western District of Arkansas
Effective November 15 1985 Joe Fitzhugh was court appointed United States Attorney for the Western District of Arkansas
Pretrial Detention Reporting Requirements
Since October 1984 the Department has required each Assis tant United States Attorney to report to the Criminal Division in Washington by telephone each time he or she request pretrial detention hearing This information has been used to respond to Congressional and other inquiries regarding the implementation of the pretrial detention provisions of the Bail Reform Act of 1984 Because of ongoing concern over pretrial detention the Department must continue to monitor its use However we no longer need detailed information immediately after each hearing Therefore we are changing the pretrial detention reporting requirements to make them more efficient and less burdensome for Assistant United States Attorneys
As of October 1985 Assistant United States Attorneys are no longer requested to consult with the Criminal Division before making motions for pretrial detention hearing Nor are they required to telephone the Narcotics Section or the General Litiga tion and Legal Advice Section each time pretrial detention hearing is concluded
Instead United States Attorneys offices must provide the Department the following information each month the number of pretrial detention hearings requested by the government and court the results of the hearings the basis for the judicial rulings the results of district court reviews of Magistrate Orders and any additional comments describing particularly significant rulings Noteworthy cases or special problems in obtaining detention orders at your discretion
The method for collecting the above information is your prerogative although single person should be designated respon sible for collecting and transmitting the information typically an administrative assistant or supervising secretary To make the reporting process as easy as possible appended to this Bulletin is an optional tally sheet and standard reporting form for his/her use supervising Assistant United States Attorney should decide whether to add any optional comments
Using the attached or similar reporting form mail monthly totals during the first week or each month beginning with October and November totals mailed the first week of December to VOL 33 NO 23 DECEMBER 1985 PAGE 725 pretrial Detention Office of Policy and Management Analysis Criminal Division Room 2216Main Building U.S Department of Justice 10th and Constitution Avenue N.W Washington 20530 Please include any additional comments
Finally appended to this Bulletin is onepage summary of the changes outlined above in the pretrial detention hearing reporting requirements which may be detached from this Bulletin for your use If you have questions about any of the above please call Ms Mikki Atsatt in the Criminal Division on FTS 6335746
Criminal Division
Teletypes to All United States Attorneys
listing of recent teletypes sent by the Executive Office is appended to this Bulletin If United States Attorneys office has not received one or more of these teletypes copies may be obtained by contacting Ms Theresa Bertucci Chief of the Communications Center Executive Office for United States Attor neys at FTS 6331020
Executive Office
CASENOTES
OFFICE OF THE SOLICITOR GENERAL
The Solicitor General has authorized the filing of
petition for certiorari in Baidridge American Cetacean Society 768 F.2d 426 D.C Cir 1985 The question presented is whether the Pelly and Packwood amendments which impose drastic economic sanctions on countries that the Secretary of Commerce certifies are conducting fishing operations in manner which diminishes the effectiveness of an international fishery conserva tion program requires automatic certification of any country that harvests whales in excess of international quotas
petition for certiorari in Selby Securities Industry Assn No 845026 D.C Cir. The question presented is whether the McFadden Act permits national banks to operate discount brokerage businesses through offices other than their central offices and chartered branches
protective petition for certiorari in United States Paradise No 847053 11th Cir. The question presented is whether state agencys employee promotion plan which applies VOL 33 NO 23 DECEMBER 1985 PAGE 726
racial preferences to persons who are not the actual victims of discrimination is inconsistent with Title VII of the Civil Rights Act and the Equal Protection Clause
CIVIL DIVISION
SIXTH CIRCUIT HOLDS THAT DISTRICT COURT LACKED JURISDIC TION TO INVALIDATE POSTAL REGULATION FIXING RATES
This was suit brought by weekly newspaper in rural Tennessee which is distributed free of charge Under Postal Service regulations secondclass mail rates are available only to publications which distribute at least half their copies to paid subscribers The district court held that this regulation was violation of the First Amendment on the ground that it imposed burden on the distribution of newspaper
On appeal we argued that the district court had no jurisdiction since Postal Service determinations are governed by statute 39 U.S.C 3628 providing for direct review in the courts of appeals and that subsidized postal rate limited to publications with paid subscribers is rational way to avoid subsidizing newspapers distributed for advertising purposes i.e shopperst1
The court of appeals agreed that the district court lacked jurisdiction holding that the direct review statute is applicable even where the suit raises constitutional issues
The Enterprise Inc Bolger F.2d 6th Cir Oct 1985 14555818
Attorneys William Kanter Civil Division FTS 6331597 Robert Zener Civil Division FTS 6334027
EIGHTH CIRCUIT HOLDS THAT SIMPLE NEGLIGENCE DOES NOT RISE TO THE LEVEL OF AFFIRMATIVE MISCONDUCT FOR ESTOPPEL PURPOSES
Plaintiff an employee of the Postal Service was severely injured in an accident at postal facility He received almost $95000 in workers compensation benefits for his wage loss and medical expenses under the Federal Employees Compensation Act FECA U.S.C 8101 et seq Plaintiff also recovered approxi mately $450000 in damages for pain and suffering in an action against the third party tortfeasor the General Electric Company GE but he did not recover for his lost wages and medical expenses in this action VOL 33 NO 23 DECEMBER 1985 PAGE 727
After plaintiff prevailed in his action against GE the government sought recoupment of plaintiffs FECA benefits under U.S.C 8132 The district court initially held that the government could not recover the FECA benefits because plaintiff had not recovered his lost wages and medical expenses in the action against GE but the court reversed itself after the Supreme Court held the nature of the recovery in thirdparty tort action irrelevant to the governments recoupment rights under FECA See United States Lorenzetti 104 Ct 2284 1984 The cot also rejected plaintiffs argument that the government should be estopped from recouping the FECA benefits because it had not provided him in timely fashion with necessary information regarding wage loss and medical expenses for use in his action against GE
Plaintiff appealed and the Eighth Circuit has now affirmed The court of appeals held that this case is squarely controlled by Lorenzetti and that plaintiffs efforts to distinguish it on the basis of state law were contrary to Lorenzettis central holding that the federal governments FECA recoupment rights do not depend on the vagaries of state law The court also rejected plaintiffs estoppel argument holding that the Department of Labors alleged failure to supply plaintiff with records constituted at most negligence and that negligence does not rise to the level of affirmative misconduct for purposes of estopping the federal government
Green Department of Labor ___F.2d Nos 845217 and 845230 8th Cir Oct 18 1985 83399
Attorneys William Kanter Civil Divisin FTS 6331597 John Koppel Civil Division FTS 6335459
EN BANC ELEVENTH CIRCUIT HOLDS THAT SECTION 2412b OF THE EQUAL ACCESS TO JUSTICE ACT DOES NOT AUTHORIZE AWARDS OF ATTORNEYS FEES IN ACTIONS ANALOGOUS TO ACTIONS BROUGHT UNDER 42 U.S.C 1983
Plaintiffs brought this action against the State of Florida and the Department of Health and Human Services HHS to challenge new method used by the State for computing AFDC benefits After the State agreed to rescind the new policy the district court dismissed the action as moot Plaintiffs then sought attorneys fees under the EAJA The en banc Eleventh Circuit has now rejected plaintiffs claim that they are entitled to attorneys fees under Section 2412b of the EAJA on the basis that their action is analogous to an action brought under 42 U.S.C 1983 for which fees are available under 42 U.S.C 1988 The court noted that it found plaintiffs reading of the statute persuasive but in conflict with the construction adopted by four other VOL 33 NO 23 DECEMBER 1985 PAGE 728
circuits Reasoning that harmony among the circuits should be goal the court joined the D.C Seventh Eighth and Ninth Circuits in adopting the governments reading of the statute The courts ruling avoids split among the circuits and eliminates the need to seek Supreme Court review
Martin Heckler ____F.2d ____ No 833058 11th Cir Oct 15 1985 13742M452
Attorneys William Kanter Civil Division FTS 6331597 Nicholas Zeppos Civil Division FTS 6335431
FIFTH CIRCUIT UPHOLDS CONSTITUTIONALITY OF 18 U.S.C 112 RESTRICTION ON EMBASSY PICKETING THAT THREATENS FOREIGN OFFICIALS
Salvadoran activist group brought this action against the FBI after the Bureau ordered it to curtail protests outside the Honduran consulate on the grounds that the picketing violated 18 U.S.C 112 The group sought injunctive relief declaratory judgment as to the statutes constitutionality and damages The district court granted summary judgment to the FBI and dismissed all plaintiffs claims
On appeal the Fifth Circuit upheld the constitutionality of the statute which restricts picketing within 100 feet of an embassy that threatens or obstructs foreign officials It is intended to protect foreign officials and diplomats from terrorist acts and was enacted pursuant to the United States agreement to international conventions on this topic The court rejected plaintiffs claim of vagueness and overbreadth holding that the legislative history demonstrated Congress concern for and desire to protect First Amendment rights and thus validated construc tion of the statute that avoided constitutional infirmities The court held that the statute does not prevent simple peaceable assembly for the purpose of lawful discussion but merely prohibits an assembly of persons with the specific intent to commit the offenses of intimidating coercing threatening or harassing foreign official or obstructing him in performing his duties
CISPES Committee in Solidarity with the People of El Salvador FBI ___F.2d 5th Cir Sept 1985 14512527
Attorneys Michael Singer Civil Division FTS 6334815 William Baity Assistant United States Attorney Eastern District of Louisiana FTS 6822921 VOL 33 NO 23 DECEMBER 1985 PAGE 729
LAND AND NATURAL RESOURCES DIVISION
CORPS ORDERED TO ANALYZE WHETHER CUMULATIVE IMPACTS OF WEST GALVESTON ISLAND PROJECT CAN BE ANALYZED BY FONSI
The district court had invalidated on NEPA grounds the issuance of permit by the Corps which allowed Mitchell Develop ment Corporation Mitchell to go forward with venetian canal residential development on West Galveston Island Texas The permit had been issued following an environmental assessment EA which concluded with FONSI On appeal the Fifth Circuit affirmed in part reversed in part and remanded to the Corps for further proceedings The court affirmed the district courts finding that the EA was inadequate for failure to give proper consideration of cumulative impacts Although Mitchell had argued on appeal that the EA was adequate we took no position on this issue The court reversed the district courts order requiring the Corps to prepare comprehensive EIS on all of West Galveston Island and its adjacent waters The court agreed that because the district court made no finding that the project might cause significant cumulative impacts the proper remedy is remand to the Corps to complete its EA with further analysis of cumulative impacts and reevaluate the FONSI Finally the Fifth Circuit vacated the district courts injunction insofar as it barred the Corps from granting any permits on West Galveston Island pending completion of the comprehensive EIS and affirmed the injunction insofar as it prohibits Mitchell from development activities and the Corps from issuing any permits for that specific site pending supplementation of the EA and reevaluation of the FONSI
Fritiofson Alexander ____F.2d ____ No 842592 5th Cir Oct 1985 90516128
Attorneys William Lazarus Land and Natural Resources Division FTS 6334168 David Shilton Land and Natural Resources Division FTS 6335580
INTERIORS VIOLATION OF SUBSISTENCE PROTECTION PROCE DURES OF ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT WARRANTS INJUNCTION AGAINST EXPLORATORY DRILLING
The district court in this case had refused to grant preliminary injunction against exploratory drilling in two lease sale areas offshore of Alaska The district court found that the plaintiff villages had established strong likelihood of success on the merits of their claim that Interior had failed in connec tion with these lease sales to comply with the subsistence protection procedures of the Alaska National Interest Lands VOL 33 NO 23 DECEMBER 1985 PAGE 730
Conservation Act ANILCA That court nevertheless denied the requested injunction because it found that exploratory drilling would not significantly restrict subsistence resources and because the public interest as expressed in the Outer Continental Shelf Lands Act OCSLA favored expedited exploration of the OCS
The court of appeals majority ruled that the district court had failed to heed the Ninth Circuit rule that an injunction must follow from finding of statutory violation except in unusual circumstances The majority defined unusual circumstances to include only those instances where issuance of an injunction would cause environmental harm or would belatedly interrupt the perfor mance of longterm contract The majority found that the policy of the OCSLA favoring expedited exploration had been overcome in this instance by the policy of ANILCA which favors subsistence uses On the merits the majority found that Interior could not have substantially complied with ANILCA with respect to these lease sales because Interiors environmental analyses took place before the court had ruled in Gambell that ANILCA applied to the OCS and thus at time when Interior did not have ANILCA firmly in mind The court also rejected Interiors attempt to comply with ANILCA by following the phased approach of Secretary of the Interior California The majority rejected our contention that Gambell should not be given retroactive effect It also rejected our claim that plaintiffs who waited until after Lease Sale 83 to file suit were guilty of laches
Judge Dimniick in dissent characterized the majoritys refusal to weigh the equities as contrary to Weinberger RomeroBarcelo 456 U.S 305 1982 She also stated that Gambeli should not be applied retroactively Finally the dissent criticized the majoritys refusal to resolve such legal issues as whether postsale compliance with ANILCA is possible and predicted that Because this issue has not been resolved we will in all probability see Gambell III before Rambo III
People of the Village of Gambell Hodel Gambell II F.2d No 853877 9th Cir Oct 25 1985 904180____
Attorneys David Shilton Land and Natural Resources Division FTS 6335580 Jacques Gelin Land and Natural Resources Division FTS 6332762
BAD FAITH OF STATE DEFENDANTS FORMS BASIS OF EAJA AWARD
Plaintiffs applied for attorneys fees after prevailing on claims that the 1977 EIS on the Westway project was inadequate Judge Greisa granted $290000 in fees against New York Department VOL 33 NO 23 DECEMBER 1985 PAGE 731
of Transportation the Federal Highway Administration and the Corps of Engineers under the bad faith exception to the American Rule He denied fees under EAJA because one plaintiff out of twelve had net worth of over $1 million The court of appeals upheld awarding fees against the State finding that the States defenses were entirely without color and assorted for improper purposes The Eleventh Amendment was found not to bar such an award The court found that the bad faith exception could not be used against the Corps since its defenses though entirely without color were not asserted for any improper purpose The court ruled however that the Corps defenses were not substan tially justified under EAJA Judges Kearse and Oakes ruled that the presence of one ineligible plaintiff did not bar an award under EAJA but simply called for proportional reduction in the award Judge Meskill dissented from this holding
The court went on to rule that the district court erred in awarding fees for the prior appeal in this case since only the court of appeals could do that The district court was also faulted for having given inadequate scrutiny to the plaintiffs claimed hours and hourly rates The district courts denial of fees for preparing the fee request was upheld
Sierra Club United States Corps ot Engineers Westway F.2d___ Nos 846287 et seq 2d Cir Oct 28 1985 90513139
Attorneys David Shilton Land and Natural Resources Division FTS 6335580 Dirk Snel Land and Natural Resources Division FTS 6334400
FEDERAL RULES OF EVIDENCE
Rule 801 d2E Definitions Statements Which Are Not Hearsay Admission by PartyOpponent
On appeal from his conviction for conspiracy to defraud the insurance company by committing arson of defendants home defen dant contends that the taperecorded conversation between former conspirator and coconspirator should not have been admissible at trial under the coconspirator exception to the hearsay rule Rule 801d2E The taped conversation occurred after the arson had been committed and thus he claimed had no purpose or effect of furthering any object of an alleged conspiracy as required by the Rule
The court of appeals held that attempts to conceal the conspiracy are made in furtherance of the conspiracy for the purpose of the coconspirators exception to the hearsay rule where VOL 33 NO 23 DECEMBER 1985 PAGE 732
as here the main objective has not been attained or abandoned and concealment is essential to the purpose of that objective Since the insurance company had not paid the insurance claim at the time of the taped conversation and was still investigating the cause of the fire the taped conversations were made in furtherance of the conspiracy to defraud the insurance company and therefore were admissible against the defendant the third conspirator Affirmed
opinion filed.1
United States Howard 770 F.2d 57 6th Cir Aug 12 1985
OFFICE OF LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS
SELECTED CONGRESSIONAL AND LEGISLATIVE ACTIVITIES OCTOBER 16 1985 NOVEMBER 12 1985
HIGHLIGHTS
Criminal Justice Issues on the Hill We continue to see more congressional interest in the Departments handling of parti cular criminal cases than in our legislative proposals but there are some bright spots Our designer drug bill seems to be progressing well and interest remains relatively high in our Money Laundering and Related Crimes Act Some parts of our AntiFraud Enforcement Initiative seem likely to pass next year and number of our minor proposals have good prospect for enactment
Death Penalty On November 14 the Senate Judiciary Committee began markingup Chairman Thurmonds death penalty bill 239 Senator Metzenbaum offered an amendment which would preclude imposition of this penalty upon anyone who was under the age of 18 at the time the capital offense was committed This amendment carried 10 to Senator Hatch began to offer series of techni cal amendments which would attempt to conform the language of the bill with the existing constitutional boundaries set forth by the Supreme Court His first and second amendments providing for the threshold criteria of beyond reasonable doubt standard were adopted We are optimistic that the markup will be completed soon and that the Committee can then proceed to take up habeas corpus amendments 237 which like the capital punishment bill was specifically endorsed by the President in his 1985 State of the Union Address VOL 33 NO 23 DECEMBER 1985 PAGE 733
Indian Gambling The Departments of Justice and Interior have arrived at compromise position on how to respond to the growing problem of unregulated gambling on Indian reservations Such gambling now occurs without meaningful regulation due to loophole in the law this is major source of concern to state and local law enforcement officials in many parts of the nation The compromise position as articulated by Deputy Assistant Attorney General Victoria Toensing and representative of Interior before the House Committee on Interior and Insular Affairs on November 14 was generally well received even though there are wide differences of opinion among Committee members as to how to this approach difficult issue In short we propose to permit bingo on Indian reservations to be supervised by federal commission financed out of license fees Other forms of gambling on Indian reservations would be permitted only as authorized by the State in which the reservation is located
Common Carrier Operators On November 14 the Senate Judiciary Committee approved by unanimous consent 850 creating federal criminal offense for operation of common carrier while intoxicated or under the influence of drugs The Department supports enactment of the bill VOL 33 NO 23 DECEMBER 1985 PAGE 734
PRETRIAL DETENTION REPORTING REQUIREMENTS
Summary of changes in the Pretrial Detention Hearing Reporting Requirements as of October 1985
Assistant United States Attorneys are no longer requested to consult with the Criminal Division before making motions for pretrial detention hearings although they should feel free to do so in making close decisions or when they encounter unusual problems
Assistant United States Attorneys are no longer required to telephone the Narcotics Section or the General Litigation and Legal Advice Section each time pretrial detention hearing is concluded
Instead to make data collection less burdensome and more efficient the Department is establishing monthly reporting requirement to collect the following information
Number of pretrial detention hearings requested by the government and court
Results of hearings motion granted or denied
Basis for rulings by judicial officer risk of flight dangerousness or both
Results of district court reviews of Magistrate Orders defendant detained or released Note Appeals should continue to be reported as required to the Appellate Section and
Additional comments describing particularly significant rulings noteworthy cases or special problems in obtaining detention orders at the option of the United States Attorney Although the method for collecting the above information is the prerogative of the United States Attorney each United States Attorney should designate single person responsible for collecting and transmitting the information typically an Administrative Assistant or supervising secretary An optional tally sheet is attached along with standard reporting form for their use supervising Assistant United States Attorney should decide whether to add any optional comments VOL 33 NO 23 DECEMBER 1985 PAGE 735
PRETRIAL DETENTION REPORTING FORM
DISTRICT ______MONTH ______
DETENTION MOTIONS INITIALS MOTIONS DO NOT INCLUDE MOTIONS FOR TEN-DAY HOLDS MOTIONS THAT WERE WITHDRAWN BEFORE FINAL RULING OR MOTIONS OF REVOCATION OF RELEASE
TOTALS
BY GOVERNMENT ______BY COURT ______
GRANTED ______DENIED ______
BASIS FOR RULINGS BY JUDICIAL OFFICER
RISK OF FLIGHT ______DANDEROUSNESS______BOTH ______
NOTE THE TOTAL NUMBER OF DETENTION MOTIONS GRANTED AND DENIED IN MUST EQUAL THE TOTAL NUMBER OF MOTIONS MADE IN THE TOTAL NUMBER GRANTED IN MUST EQUAL THE TOTAL BASES LISTED IN
DISTRICT COURT REVIEWS OF MAGISTRATE ORDERS
REQUESTED BY GOVERNMENT TO DETAIN
DETAINED ______NOT DETAINED______
REQUESTED BY DEFENSE TO RELEASE
RELEASED ______NOT RELEASED______
COMMENTS OPTIONAL
PLEASE ATTACH BRIEF NARRATIVE SUMMARIES OF PARTICULARLY SIGNIFICANT RULINGS NOTEWORTHY CASES OR SPECIAL PROBLEMS IN OBTAINING DETENTION ORDERS PRETRIAL DETENTION TALLY SHEET For Internal Use DISTRICT ______MONTH ______
INITIAL MOTIONS DO NOT INCLUDE MOTIONS RESULT OF DISTRICT FOR TEN-DAY HOLDS MOTIONS THAT WERE WITH- COURT REVIEWS OF DRAWN BEFORE FINAL RULING OR MOTIONS FOR MAGISTRATE ORDERS DETENTION MOTIONS REVOCATION OF RELEASE
ORIIN RES1 LT BASI FOR RULING DEFENDANT GOVERN- RISK OF NAME MENT COURT GRANTED DENIED FLIGHT DANGEROUSNESS DETAINED RELEASED
tTJ
______0i
co
l..fl
RISK OF FLIGHT ALONE____
DANGEROUSNESS ALONE_____ TOTALS BOTH ______-4 VOL 33 NO 23 DECEMBER 1985 PAGE 737
JURIS DATA BASE LISTING Revised November 1985
CASELAW
U.S Supreme Court 178 U.S 1900 Slips Federal Reporter 2d Series 300 F.2d 1962 Slips Federal Supplement 332 F.Supp 1970 Slips Court of Claims 134 Ct Cl 231 Ct Cl 1956 February 1982 Claims Court Cl Ct 1982 Slips Federal Rules Decisions 73 F.R.D 1976 Slips Court of Military Review C.M.R 50 C.M.R 19511975 Military Justice Reporter M.J.R Slips 1974 Present Atlantic 2d Reporter 370 A.2d 1977 Present D.C cases only Bankruptcy Reporter B.R 1979 Slips
SHEPARD CITATIONS
United States Reports 1944 Present Supreme Court Reporter 1944 Present Lawyers Edition 1st 2d Series 1944 Present Federal Reporter 1970 Present Federal Reporter Second Series 1970 Present Federal Supplement 1970 Present Federal Rules Decisions 1970 Present Court of Claims 1970 Present Court Martial Reports 1951 Present Military Justice Reporter 1975 Present
STATLAW STATUTORY LAW
Public Laws 93rd 98th Congress 1149 and 473 United States Code 1982 Edition Executive Orders 12/31/47 7/1/85 Civil Works Laws Vols 14 1790 1966 and Selected Public Laws to September 1983
New IJURIS File Major File Additions VOL 33 NO 23 DECEMBER 1985 PAGE 738
STATLAW STATUTORY LAW Contd
Comprehensive Crime Control Act of 1984 Pub No 98473 CCCA Pub No 98573 Tariff Act Pub No 98596 Fine Enforcement Act and Criminal Division Handbook on the Comprehensive Crime Control Act of 1984
DIGEST WEST HEADNOTES
Supreme Court Reporter 1961 advance sheets Federal Reporter 2d Series 1960 advance sheets Federal Supplement 1960 advance sheets Federal Rules Decisions 1960 advance sheets Regional Reporters State Cases 1967 advance sheets
TAX
U.S Tax Court Decisions Vols 166 11/42 9/76 U.S Board of Tax Appeals Decisions Vols 19 47 2/3011/42 Enforcement Decisions Tax Divisions Summons Enforcement Decisions Current to 3/1/84 Tax Protesters Tax Division Tax Protester Decision List
BRIEFS DEPARTMENT OF 3USTICE BRIEFS
Office of the Solicitor General Briefs Briefs since the 10/1982 Term Civil Division Briefs Selected Appellate Briefs 11/81 Present Civil Division Trial Briefs Selected Trial Briefs 1977 Present Civil Rights Division Briefs Selected Appellate Briefs 1/80 Present Land and Natural Resources Selected Appellate Briefs Division Briefs 12/83 Present U.S Attorneys Offices Briefs Selected Criminal Appellate Briefs 1980Present
MANUAL UNITED STATES ATTORNEYS MANUAL
Titles 17 and 10 Latest Paragraph Text VOL 33 NO 23 DECEMBER 1985 PAGE 739
WRKPRDT DEPARTMENT OF JUSTICE WORK PRODUCTS
Criminal Division Monographs Selected Monographs Civil Division Monographs Selected Monographs Criminal Division Narcotics Newsletter July 1979 Present
LEGHIST Legislative Histories of Federal Laws
Equal Access to Justice Act EAJA Legislative History
ADMIN ADMINISTRATIVE LAW
Published Comptroller General Decisions Vols 163 1921Sept 1984 Unpublished Comptroller General Decisions 1/5/51 9/28/84 Opinions of the Attorney General Vols 143 17911980 O.L.C Memorandums Vols 13 19771979 Board of Contract Appeals Vols 562 to 852 7/564/85 Federal Labor Relations Authority Vols 115 1/798/84 Decisions Reports on Rulings of the Asst Sec of Labor for Labor A/SLMR A/SLMR Management Relations 1/7312/78 Federal Labor Relations Council Vols 16 1/7012/78 Rulings on Requests of the Asst Sec of Labor for Labor Management Relations Volume 2/706/75 HUD Administrative Law Decisions Selected Decisions Merit Systems Protection Board Vols 113 2/79 3/83 Board of Immigration Appeals Decisions Vols 194018 1984 and Slips
REGS FEDERAL REGULATIONS
Code of Federal Regulations 1984 Edition Titles 2934 36 3850 1985 Edition Titles 14 628 35 37 Unified Agenda of Federal Regulations October 1985 Edition
TREATIES
Bevans Treaties and Other International Agreements of the United States Vols 112 17761949 United States Treaties and Other International Agreements Vols 132 1/50 12/81 Department of Defense Unpublished International Agreements 6/47 1/84 VOL 33 NO 23 DECEMBER 1985 PAGE 740
FOIA FREEDOM OF INFORMATION ACT
FOIA Update Newsletter Vol No Vol No Fall 1979 Summer 1985 FOIA Short Guide FOIA Case List Publication September 1985 Edition
FORENS MidAtlantic Association of Forensic Scientists Newsletter
Scientific Sleuthing Newsletter July 1976 Spring 1985
INDLAW INDIAN LAW
Opinions of the Solicitor Interior Vols and 1917 1974 Ratified Treaties 1778 1880 Unratified Treaties 1801 1868 Presidential Proclamations 1879 1968 Executive Orders and Other Orders Pertaining to Indians 1871 1971
REFERENZ TRAINING AIDS FOR JURIS USERS
JURIS Reference Manual Parts IV November 1984 Edition VOL 33 NO 23 DECEMBER 1985 PAGE 741
LISTING OF ALL BLIJESHEETS IN EFFECT NOVEMBER 22 1985
AFFECTS USAM TITLE NO DATE SUBJECT
1_11.240 TITLE 7/31/84 Immunity for the Act of Producing Reports
1_11.400 TITLE 6/21/84 Immunity
1_12.020 TITLE 6/29/84 PreTrial Diversion Program
1_12.400 TITLE 10/12/84 PTD Agreement
1_12.602 TITLE 10/12/84 Letter to OffenderUSA Form 185
1_12.603 TITLE 10/12/84 AgreementUSA Form 186
9_2.133 TITLE 4/09/84 Policy Limitations on Institu tion of Proceedings Consulta tion Prior to Institution of Criminal Charges
92.1421 TITLE 10/26/84 Dual and Successive Federal c2c Prosecution Policy 9_2.144 TITLE 10/26/84 Interstate Agreement on Detainers
9_2.147 TITLE 10/26/84 Extradition and Deportation
9_2.149 TITLE 10/26/84 Revocation and Naturalization
92.160 TITLE 7/18/85 Policy with Regard to Issuance of Subpoenas to Attorneys for Information Relating to the Represen tation of Clients
9_2.172 TITLE 10/26/84 Appearance Bond Forfeiture Judge
Approved by Advisory Committee being permanently incorporated In printing Bluesheet extended until October 1985 VOL 33 NO 23 DECEMBER 1985 PAGE 742
LISTING OF ALL BLUESHEETS IN EFFECT NOVEMBER 22 1985
AFFECTS USAN TITLE NO DATE SUBJECT
9_2173 TITLE 10/26/84 Arrest of Foreign Nationals
9_4543 TITLE 8/10/84 Subpoenas to Obtain Records Located in Foreign Countries
9_7.1000 TITLE 5/02/84 Video Surveillance
9_8.250 TITLE 8/16/85 Policy Concerning Application of Youth Corrections Act to Offenses Committed before Oct 12 1984
9_11.280 TITLE 3/28/85 Extraterritorial Effect of the All Writs Act 28 U.S.C 1651
9_18.280 TITLE 8/09/85 Policy Concerning Application of Insanity Defense Reform Act of 1984 Offenses Committed Before Date of Enactment
921.340 to TITLE 3/12/84 Psychological/Vocational 921.350 Testing Polygraph Examina tions for PrisonerWitness Candidates
9_27.510 TITLE 5/25/84 Opposing Offers to Plead Nob Contendere
934.600 TITLE 8/16/85 Policies Concerning the New Sentencing Scheme Scheduled to Take Effect in November 1986
9_38.000 TITLE 4/06/84 Forfeitures
9_40.400 TITLE 7/15/85 Policy Concerning Prosecution Under New Bank Bribery Statute 18 U.S.C 215
9_42.530 TITLE 10/9/84 Dept of Defense Memorandum of Understanding
946.130 TITLE 5/06/85 Program Fraud and Bribery 9_46.140 Policy Considerations Criminal Division Contact VOL 33 NO 23 DECEMBER 1985 PAGE 743
LISTING OF ALL BLUESHEETS IN EFFECT NOVEMBER 22 1985
AFFECTS USAM TITLE NO DATE SUBJECT
9_48.120 TITLE 3/07/85 Computer FraudReporting Requirements
9_49.150 TITLE 3/22/85 18 U.S.C 1029Reporting 9_49.160 Requirements Fraudulent Use of Credit Cards and Debit InstrumentsProsecutions under 18 U.S.C 1029 Statutes in Title 15
960.134 TITLE 12/14/84 Allegations of Mental 9_60.135 Kidnapping or Brainwashing by Religious Cults Deprogramming of Religious Sect Members
960.291 TITLE 8/16/85 Interception of Radio 960.292 Communications Unauthorized Reception of Cable Service
9_60.400 TITLE 12/31/84 Criminal Sanctions Against Illegal Electronic Surveillance the Foreign Intelligence Surveillance Act FISA 50 U.S.C 1809
9_60.730 TITLE 8/16/85 Prosecutive Policy
9_60.830 TITLE 2/20/85 Special Forfeiture of Collateral Profits of Crime Son of Sam
9_63.251 TITLE 2/25/85 Policy Concerning Prosecution 18 U.S.C 32b
9_63.271 TITLE 2/25/85 Policy Concerning Prosecution 18 U.S.C 33
9_63.1130 TITLE 2/25/85 Policy Concerning Prosecution 18 U.S.C 1365
9_64.212 TITLE 2/20/85 Prosecution Policy Concerning Robbery of Persons Possessing NonPostal Service Money or Property of the United States VOL 33 NO 23 DECEMBER 1985 PAGE 744
LISTING OF ALL BLUESHEETS IN EFFECT NOVEMBER 22 1985
AFFECTS USAM TITLE NO DATE SUBJECT
9_65.940 TITLE 3/28/85 Policy Concerning Prosecution 18 U.S.C 115
9_71.260 TITLE 8/16/85 Prosecution of Criminal Copyright Infringement Under 18 U.S.C 2314
9_71.400 TITLE 4/26/85 Prosecutive Policy
9_75.000 TITLE 12/10/84 Obscenity
9_75.084 TITLE 10/12/84 CommentChild Pornography Statutes
9_75.621 TITLE 10/12/84 ExceptionChild Pornography Cases
9_90.330 TITLE 5/06/85 Computer Espionage
9_90.600 TITLE 5/06/85 Registration
9....103.130 TITLE 3/28/85 Controlled Substances 9_103.140 Registrant Protection Act of 1984Investigative Prosecutive Guidelines Criminal Division Approval
9_J03.230 TITLE 3/28/85 Policy Consideration Aviation Drug Trafficking Control Act
9110.800 TITLE 9/20/85 MurderForHire and Violent Crimes in Aid of Racketeering Activity
9111.000 TITLE 9/18/85 Policy with Regard to Forfei ture of Assets Which Have Been Transferred to Attorneys As Fees For Legal Services VOL 33 NO 23 DECEMBER 1985 PAGE 745
LISTING OF ALL BLUESHEETS IN EFFECT NOVEMBER 22 1985
AFFECTS USAM TITLE NO DATE SUBJECT
91 30.300 TITLE 4/09/84 Prior Authorization Generally
9_131.030 TITLE 4/09/84 Consultation Prior to Prosecution
9_131.110 TITLE 4/09/84 Hobbs Act Robbery
9_133.010 TITLE 2/20/85 Investigative Jurisdiction 29 U.S.C 501c and 18 U.S.C 664
9_134.010 TITLE 2/20/85 Investigative Jurisdiction 18 U.S.C 1954
9_136.020 TITLE 2/20/85 Investigative Jurisdiction 18 U.S.C 1027
9_138.030 TITLE 3/28/85 Consultation Prior to Prosecution
102.186 TITLE 10 9/27/85 Grand Jury Reporters
10_2.512 TITLE 10 7/22/85 Compensation of Court Appointed U.S Attorneys
10_2.655 TITLE 10 5/28/85 Quality Step Increases
10_3.530 TITLE 10 01/07/85 Advances to NonDepartment of Justice Employees
10_3.560 TITLE 10 12/13/84 Relocation
10_4.350 TITLE 10 7/31/84 Use By United States Attorneys Offices of Forfeited Vehicles and Other Property
10_4.418 TITLE 10 7/20/84 Maintenance of AttorneyClient Information
108.110 TITLE 10 4/13/85 Judgment Policy 108 11 VOL 33 NO 23 DECEMBER 1985 PAGE 746
UNITED STATES ATTORNEYS MANUAL--TRANSMITTALS
The following United States Attorneys Manual TransmittalS have been issued to date in accordance with tJSAM 11.500
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE TransmittalS A2 through AlO have been superseded
All 2/22/84 2/10/84 Complete revision of Ch
Al2 3/19/84 2/17/84 Complete revision of Ch.4
A13 3/22/84 3/9/84 Complete revision of Ch
Al4 3/23/84 3/9 3/16/84 Complete revision of Ch
A15 3/26/84 3/16/84 Complete revision of Ch 10
A16 8/31/84 3/02/84 Complete revision of Ch
A17 3/26/84 3/26/84 Complete revision of Ch
A18 3/27/84 3/23/84 Complete revision of Ch 11 13 14 15
Al9 3/29/84 3/23/84 Complete revision of Ch 12
A20 3/30/84 3/23/84 Index to Title Table of Contents to Title
A21 4/17/84 3/23/84 Complete revision of Ch.3
A22 5/22/84 5/22/84 Revision of Ch 16.200
AAA1 5/14/84 Form AAA-1
Transmittal is currently being printed VOL 33 NO 23 DECEMBER 1985 PAGE 747
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE Transmittals A2 through A4 have been superseded
A5 2/10/84 1/27/84 Complete revision of Title 2replaces all previous transmittals
All 3/30/84 1/27/84 Summary Table of Contents to Title AAA2 5/14/84 Form AAA-2
TITLE Transmittal A2 has been superseded
A3 10/11/83 8/4/83 Complete revision of Title 3replaces all previous transmittals
AAA3 5/14/84 Form AAA3
TITLE Transmittals A2 through A6 have been superseded
A7 4/16/84 3/26/84 Complete revision of Ch 12
A8 4/16/84 3/28/84 Complete revision of Ch 14 15
A9 4/23/84 3/28/84 Complete revision of Ch
AlO 4/16/84 3/28/84 Complete revision of Ch 10
All 4/30/84 3/28/84 Complete revision of Ch Index to Title
Al2 4/21/84 3/28/84 Complete revision of Ch
A13 4/30/84 3/28/84 Complete revision of Ch
A14 4/10/84 3/28/84 Complete revision of Ch 13 VOL 33 NO 23 DECEMBER 1985 PAGE 748
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT Contents
TITLE A15 3/28/84 3/28/84 Complete revision of Ch
A16 4/23/84 3/28/84 Complete revision of Ch 11
AAA4 5/14/84 Form AAA-4
TITLE Transmittal A2 has been superseded
A3 3/22/84 3/5/84 Complete revision of Ch 3was 2A
A4 3/28/84 3/12/84 Complete revision of Ch 12 was 9C
A4 undated 3/19/84 Complete revision of Ch was Ch
A5 3/28/84 3/20/84 Complete revision of Ch 11 was 9B
A6 3/28/84 3/22/84 Complete revision of Ch.7
A7 3/30/84 3/20/84 Complete revision of Ch 10 was 9A
A8 4/3/84 3/22 Complete revision of 3/26/84 Ch 13 14 15 Table of Contents to Title
A9 12/06/84 11/01/84 Revisions to Chapter
All 4/17/84 3/28/84 Complete revision of Ch was Ch
A12 4/30/84 3/28/84 Index to Title
AAA5 5/14/84 Form AAA-5
Bi 6/03/85 5/01/85 Revisions to Ch and Ch VOL 33 NO 23 DECEMBER 1985 PAGE 749
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE A2 3/23/84 3/2/84 Complete revision of Title 6replaces all prior transmittals
A3 12/19/84 12/14/84 Revision to Ch and Index
AAA6 5/14/84 Form AAA-6
TITLE Transmittals A2 and A3 have been superseded
A4 1/6/84 11/22/83 Complete revision to Title 7replaces all prior transmittals
A12 3/3/84 12/22/83 Summary Table of Con tents to Title
AAA7 5/14/84 Form AAA-7
TITLE Al 4/2/84 2/15/84 Ch Index to Title
A2 6/21/82 4/30/82 Complete revision to Title
A12 3/30/84 2/15/84 Summary Table of Con tents to Title
AAA8 5/14/84 Form AAA-8
TITLE Transmittals A5 through A12 A14 A47 A49 A50 A56 and A61 have been superseded
A13 1/26/84 1/11/84 Complete revision of Ch 132 133
A14 2/10/84 1/27/84 Revisions to Ch Superseded by A78
A15 2/1/84 1/27/84 Complete revision of Ch
A16 3/23/84 2/8/84 Complete revision of Ch 135 136 VOL 33 NO 23 DECEMBER 1985 PAGE 750
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE A17 2/10/84 2/2/84 Complete revision of Ch 39
A18 2/3/84 2/3/84 Complete revision of Ch 40
A19 3/26/84 2/24/84 Complete revision of Ch 21
A20 3/23/84 2/8/84 Complete revision of Ch 137 Ch 138
A21 3/19/84 2/13/84 Complete revision of Ch 34
A22 3/30/84 2/01/84 Complete revision of Ch 14
A23 8/31/84 2/16/84 Revisions to Ch
A24 3/23/84 2/28/84 Complete revision of Ch 65
A25 3/26/84 3/7/84 Complete revision of Ch 130
A26 3/26/84 2/8/84 Complete revision of Ch 44
A27 3/26/84 3/9/84 Complete revision of Ch 90
A28 3/29/84 3/9/84 Complete revision of Ch 101
A29 3/26/84 3/9/84 Complete revision of Ch 121
A30 3/26/84 3/19/84 Complete revision of Ch
A31 3/26/84 3/16/84 Complete revision of Ch 78
A32 3/29/84 3/12/84 Complete revision of Ch 69 VOL 33 NO 23 DECEMBER 1985 PAGE 751
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE A33 3/29/84 3/9/84 Complete revision of Ch 102
A34 3/26/84 3/14/84 Complete revision of Ch 72
A35 3/26/84 2/6/84 Complete revision of Ch 37
A36 3/26/84 2/6/84 Complete revision of Ch 41
A37 4/6/84 2/8/84 Complete revision of Ch 139
A38 3/29/84 2/28/84 Complete revision of Ch 47
A39 3/30/84 3/16/84 Complete revision of Ch 104
A40 4/6/84 3/9/84 Complete revision of Ch 100
A41 4/6/84 3/9/84 Complete revision of Ch 110
A42 3/29/84 3/14/84 Complete revision of Ch 64
A43 4/6/84 3/14/84 Complete revision of Ch 120
A44 4/5/84 3/21/84 Complete revision of Ch 122
A45 4/6/84 3/23/84 Complete revision of Ch 16
A46 2/30/84 2/16/84 Complete revision of Ch 43
A47 4/16/84 3/28/84 Revisions to Ch Superseded by A63 VOL 33 NO 23 DECEMBER 1985 PAGE 752
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE A48 4/16/84 3/28/84 Complete revision of Ch 10
A49 4/16/84 3/28/84 Revisions to Ch 63 Superseded by A74
A50 4/16/84 3/28/84 Revisions to Ch 66 Superseded by A60
A51 4/6/84 3/28/84 Complete revision of Ch 76 deletion of Ch 77
A52 4/16/84 3/30/84 Complete revision of Ch 85
A53 6/6/84 3/28/84 Revisions to Ch
A54 7/25/84 6/15/84 Complete revision of
A55 4/23/84 4/6/84 Complete revision of Ch 134
A56 4/30/84 3/28/84 Revisions to Ch 42 Superseded by A87
A57 4/16/84 3/28/84 Complete revision of Ch 60 75
A58 4/23/84 4/19/84 Summary Table of Contents of Title
A59 4/30/84 4/16/84 Entire Index to Title
A60 5/03/84 5/03/84 Complete revision of Ch 66 Supersedes A50
A61 5/03/84 4/30/84 Revisions to Ch section .103 Superseded by A78
A62 12/31/84 12/28/84 Revisions to Ch 123
A63 5/11/84 5/9/84 Complete revision to Ch Supersedes A47 VOL 33 NO 23 DECEMBER 1985 PAGE 753
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE A64 5/11/84 5/11/84 Revision to Ch 64 section .400700
A65 5/17/84 5/17/84 Revisions to Ch 120
A66 5/10/84 5/8/84 Complete revision to Ch 131
A67 5/11/84 5/09/84 Revisions to Ch 121 section .600
A68 5/28/84 5/08/84 Revisions to Ch 104
A69 5/09/84 5/07/84 Revisions to Ch 21 section .600
A70 5/17/84 5/16/84 Revisions to Ch 43 section .710
A71 5/21/84 5/21/84 Complete revision of Ch 20
A72 5/25/84 5/23/84 Complete revision of Ch 61
A73 6/18/84 6/6/84 Complete revision of Ch 17
A74 6/18/84 6/7/84 Complete revision of Ch 63 Supersedes A49
A75 6/26/84 6/15/84 Complete revision of Ch 27
A76 6/26/84 6/15/84 Complete revision of Ch 71
A77 7/27/84 7/25/84 Complete revision of Ch
A78 9/10/84 8/31/84 Complete revision of Ch Supersedes A14 and A61
A79 8/02/84 7/31/84 Complete revision of Ch 18
A80 8/03/84 8/03/84 Complete revision of Ch 79 VOL 33 NO 23 DECEMBER 1985 PAGE 754
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE A81 8/06/84 7/31/84 Revisions to Ch
A82 8/02/84 7/31/84 Revisions to Ch 75
A83 8/02/84 7/31/84 Revisions to Ch 90
A84 9/10/84 9/7/84 Complete revision of Ch
A85 7/25/84 2/17/84 Revisions to Ch 136
A86 8/02/84 7/31/84 Revisions to Ch 60
A87 11/14/84 11/09/84 Revisions to Ch 42 Supersedes A56
A88 8/31/84 8/24/84 Complete revision of Ch 12
A89 12/31/84 12/31/84 Complete revision of Ch
A90 10/10/84 10/01/84 Complete revision of Ch 73
A91 12/12/84 11/23/84 Revisions to Ch 70
A92 12/14/84 P11/09/84 Revisions to Ch 75
A93 12/31/84 12/06/84 Revisions to Ch
A94 12/20/84 12/14/84 Correction to Ch 27
AAA9 5/1 4/84 Form AAA-9
Wi 3/15/85 01/31/85 Revisions to Ch 60
B2 3/29/85 01/31/85 Revisions to Ch 61
B3 3/29/85 01/31/85 Revisions to Ch 71
B4 6/24/85 4/01/85 Revisions to Ch 63
B5 6/24/85 4/04/85 Revisions to Ch 11
B6 6/27/85 4/01/85 Revisions to Ch 139
B7 6/27/85 5/01/85 Revisions to Ch 12 VOL 33 NO 23 DECEMBER 1985 PAGE 755
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE 10 Transmittals A2 through A7 have been superseded
A8 4/5/84 3/24/84 Complete revision of Ch
A9 4/6/84 3/20/84 Complete revision of Ch
AlO 4/13/84 3/20/84 Complete revision of Ch
All 3/29/84 3/24/84 Complete revision of Ch
A12 4/3/84 3/24/84 Complete revision of Ch
A13 9/4/84 3/26/84 Complete revision of Ch 10
A14 4/23/84 3/28/84 Complete revision of Ch
A15 4/17/84 3/28/84 Complete revision of Ch
A16 5/4/84 3/28/84 Index and Appendix to Title 10
All 3/30/84 3/28/84 Summary Table of Con tents to Title 10
A18 5/4/84 4/13/84 Complete revision to Ch
A19 5/02/84 5/01/84 Revisions to Ch
A20 8/31/84 5/24/84 Revisions to Ch 7/31/84
A21 6/6/84 5/1/84 Corrected TOC Ch and pages 23 24
A22 7/30/84 7/27/84 Revision to Ch
A23 8/02/84 7/31/84 Revision to Ch
A24 11/09/84 10/19/84 Revision to Ch VOL 33 NO 23 DECEMBER 1985 PAGE 756
TRANSMITTAL AFFECTING DATE OF DATE OF TITLE NO TRANSMITTAL TEXT CONTENTS
TITLE 10 A25 11/09/84 10/19/84 Revision to Ch
A26 11/28/84 11/28/84 Revision to Ch
A27 12/07/84 11/01/84 Revision to Ch
AAA1O 5/14/84 Form AAA10
Bi 3/15/85 1/31/85 Revision to Ch
B2 5/31/85 5/01/85 Revision to Ch
B3 6/27/85 4/01/85 Revision to Ch
TITLE 110 Al 4/25/84 4/20/84 Index to USAM
If you have any questions regarding the above please contact Judy Beeman at FTS 6736348 VOL 33 NO 23 DECEMBER 1985 PAGE 757
EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS TELETYPES TO ALL UNITED STATES ATTORNEYS
110885 From William Tyson Director Executive Office for United States Attorneys by Thomas Schrup Acting Director Office of Legal Education re Civil Trial Advocacy Course December 920 1985 Washington D.C
111485 From Madison Brewer Director Office of Management Information Systems and Support by Tim Murphy Assistant Director Debt Collection Staff re Agency Letters to Debtors Regarding IRS Tax Refund Offset and Reporting Debt Information to Consumer Credit Reporting Agencies
111585 From William Tyson Director Executive Office for United States Attorneys by Susan Nellor Director Office of Legal Services re Unauthorized Survey of United States Attorneys
112085 From William Tyson Director Executive Office for United States Attorneys by Susan Nellor Director Office of Legal Services re Requests for the Publications Prior Approval Requirements and Prior Consultation Requirements VOL 33 NO 23 DECEMBER 1985 PAGE 758
UNITED STATES ATTORNEYS LIST
DISTRICT U.S ATTORNEY
Alabama Frank Donaldson Alabama John Bell Alabama Sessions III Alaska Michael Spaan Arizona Stephen McNainee Arkansas George Proctor Arkansas Joe Fitzhugh California Joseph Russoniello California Donald Ayer California Robert Bonner California Peter Nunez Colorado Robert Miller Connecticut Stanley Twardy Jr Delaware William Carpenter Jr District of Columbia Joseph diGenova Florida Thomas Dillard Florida Robert Merkie Florida Leon Keilner Georgia Larry Thompson Georgia Joe Whitley Georgia Hinton Pierce Guam David Wood Hawaii Daniel Bent Idaho Maurice Ellsworth Illinois Anton Valukas Illinois Frederick Hess Illinois Gerald Fines Indiana James Richmond Indiana John Tinder Iowa Evan Huitman Iowa Richard Turner Kansas Benjamin Burgess Jr Kentucky Louis DeFalaise Kentucky Alexander Taft Jr Louisiana John Volz Louisiana Stanford Bardwell Jr Louisiana Joseph Cage Jr Maine Richard Cohen Maryland Catherine Blake Massachusetts William Weld Michigan Roy Hayes Michigan John Smietanka Minnesota Francis Hermann Mississippi Robert Whitwell Mississippi George Phillips Missouri Thomas Dittmeier Missouri Robert Ulrich VOL 33 NO 23 DECEMBER 1985 PAGE 759
UNITED STATES ATTORNEYS
DISTRICT U.S ATTORNEY
Montana Byron Dunbar Nebraska Ronald Lahners Nevada William Maddox New Hampshire Richard Wiebusch New Jersey Thomas Greelish New Mexico William Lutz New York Frederick Scullin Jr New York Rudolph Giuliani New York Raymond Deane New York Salvatore Martoche North Carolina Samuel Currin North Carolina Kenneth McAllister North Carolina Charles Brewer North Dakota Rodney Webb Ohio Patrick McLaughlin Ohio Anthony Nyktas Oklahoma Layn Phillips Oklahoma Roger Hilfiger Oklahoma William Price Oregon Charles Turner Pennsylvania Edward Dennis Jr Pennsylvania James West Pennsylvania Alan Johnson Puerto Rico Daniel Lopez-Romo Rhode Island Lincoln Almond South Carolina Vinton DeVane Lide South Dakota Philip Hogen Tennessee John Gill Jr Tennessee Joe Brown Tennessee Hickman Ewing Jr Texas Marvin Collins Texas Henry Oncken Texas Robert Wortham Texas Helen Eversberg Utah Brent Ward Vermont George Cook Virgin Islands James Diehrn Virginia Elsie Munsell Virginia John Alderman Washington John Lamp Washington Gene Anderson West Virginia William Kolibash West Virginia David Faber Wisconsin Joseph Stadtmueller Wisconsin John Byrnes Wyoming Richard Stacy North Mariana Islands David Wood